Martensen

The defendant was convicted in the superior court of Mendocino County of the crime of resisting a public officer and was sentenced to pay a fine of $350 and also to be imprisoned in the county jail of the county of Mendocino for the period of thirty days. Defendant appeals from the judgment and also from the order denying his motion for a new trial. The record shows that on or about the eighteenth day of September, 1925, in the county of Mendocino, the defendant was traveling in an automobile along a certain public highway in the county of Mendocino at a speed exceeding forty-five miles an hour; that two officers of the motor vehicle department of the state of California, M. Holden and E. V. Pettis, observing the excessive rate of speed at which the defendant was traveling, in the performance of their duty as such officers, trailed the defendant for something like half a mile, and finally overtook the defendant and required him to stop his automobile. It further appears that the officers were also traveling in an automobile. As soon as the officers had succeeded in stopping the defendant, Mr. Holden got out of the automobile in which he and Pettis were traveling and walked over to…